5G Category

In a vote taken on November 28, 2018, the Michigan House of Representatives passed two bills intended to facilitate the deployment of advanced, or “fifth generation” (“5G”) mobile technology in Michigan. SB 637, sponsored by Senators Mike Nofs (R-Battle Creek) and Joe Hune (R-Fowlerville), addresses the installation of “small cells,” small wireless antennae with relatively small footprints that can be deployed on existing infrastructure and which are particularly well-suited to meet the needs of congested areas. A companion bill, SB 894, would change the Michigan Zoning Enabling Act to provide that in cases of conflict between a zoning ordinance and SB 637, the latter would control. SB 637 passed by a margin of 74 yeas to 35 nays, and SB 894 passed by an even greater margin, 77-32. The bills had previously passed the Senate on March 15, 2018.

As passed, SB 637 will create the Small Wireless Communications Facilities Deployment Act which, along with its companion bill conforming zoning requirements, will create a uniform regulatory framework for the permitting process relating to the use of existing infrastructure and public rights-of-way in municipalities across the state. Among other things the bills will prioritize the use of existing utility poles and wireless support structures for collocation over the installation of new utility poles or wireless support structures; prohibit state and local government authorities from prohibiting, regulating, or charging for the collocation of small cell wireless facilities; regulate wireless providers within public rights-of-way for the deployment of small cell wireless facilities and associated new or modified utility poles; cap allowable rates for the collocations of small cell wireless facilities on state and local authority poles; subject to specific standards, allow state and local authorities to require a permit to collocate a small cell wireless facility or install, modify, or replace a utility pole on which a small cell wireless facility would be collocated if the permit were of general applicability; prohibit a state of local authority from entering into an exclusive arrangement with any person, including a governing body of a municipally owned electric utility, for the right to attach to authority poles; and allow a state or local authority to adopt bonding requirements, so long as specific requirements are met.

The need addressed by the new legislation relates to the relatively low range of small cells. These cellular radio access nodes, which operate as base stations and receive and send signals, typically have a range of only 10 meters to less than two miles. Therefore it takes a large number of small cells in order for them to be effective. The industry proposes to address the need using a dense network of small cells that are placed on existing infrastructure such as telephone poles in order to avoid further cell tower construction. Testimony by proponents of the SB 637 explained that the bill is NOT intended specifically to address the deployment of rural broadband service, as it is aimed at relatively densely populated areas. In addition to facilitating the deployment of 5G technology, proponents say that small cells will be important for the development and implementation of autonomous vehicles as well as “smart cities,” which employ electronic data collection sensors for purposes including managing traffic lights or monitoring water systems, which would modernize the power grid and help alleviate overuse of electricity.

Because the bills passed the House without changes, they require no further approvals in the Senate. They will be enrolled and then presented to the Governor for signature before the end of the year and will take immediate effect.

About Us

Michigan Internet and Telecommunications Alliance (MITA) was formed as an outgrowth of the Michigan Communications Carriers Association, Internet Service Providers, Web hosting facilities, software programmers and engineers. All of these companies have a common interest in the core value of a fast robust communications infrastructure here in Michigan. It is the goal of this alliance to showcase the innovative technology that these companies are deploying and encourage policymakers to establish a regulatory framework for future growth that brings high-tech, communications-based jobs to Michigan and maximum choice to Michigan residents and businesses.